Daniel v. Baldwin et al
Plaintiff: Ashton Daniel
Defendant: Jeff Dennison, B. Allard, John Baldwin, Lipchitz, K. Hammersiey, Jacqueline Lashbrook, Nikole Justice, Melvin Hinton and Harry R. Allard
Case Number: 3:2019cv00466
Filed: May 1, 2019
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28:1346
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2019 Filing 20 NOTICE of Appearance by Maria D. Gray on behalf of Nikole Justice (Gray, Maria)
July 1, 2019 Opinion or Order Filing 19 ORDER granting #17 Motion to Clarify; granting #18 Motion to Amend/Correct. Signed by Chief Judge Nancy J. Rosenstengel on 7/1/2019. (jrj)
June 21, 2019 Filing 18 MOTION to Correct Defendant's Name by Ashton Daniel. (jaj)
June 21, 2019 Filing 17 MOTION for Clarification by Ashton Daniel. (jaj)
June 11, 2019 Filing 16 WAIVER OF SERVICE Returned Executed Nikole Justice waiver sent on 5/28/2019, answer due 7/29/2019. (tjk)
June 6, 2019 Filing 15 NOTICE of Appearance by Maria D. Gray on behalf of B. Allard, Jeff Dennison, K. Hammersiey (Gray, Maria)
June 5, 2019 Filing 14 WAIVER OF SERVICE Returned Executed B. Allard waiver sent on 5/28/2019, answer due 7/29/2019; Jeff Dennison waiver sent on 5/28/2019, answer due 7/29/2019. (tjk)
May 30, 2019 Filing 13 WAIVER OF SERVICE Returned Executed K. Hammersiey waiver sent on 5/28/2019, answer due 7/29/2019. (jaj)
May 30, 2019 Filing 12 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 11 Waiver of Service Executed. Incorrect document attached to entry. Clerk's office to re-file. (cjo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 29, 2019 Filing 11 STRICKEN - WAIVER OF SERVICE Returned Executed K. Hammersiey waiver sent on 5/28/2019, answer due 7/29/2019. (jaj) Modified on 5/30/2019 (cjo).
May 28, 2019 Filing 10 REQUEST FOR WAIVER of Service sent to B. Allard on 5/28/2019. Waiver of Service due by 6/27/2019. (jaj)
May 28, 2019 Filing 9 REQUEST FOR WAIVER of Service sent to K. Hammersiey on 5/28/2019. Waiver of Service due by 6/27/2019. (jaj)
May 28, 2019 Filing 8 REQUEST FOR WAIVER of Service sent to Nikole Justice on 5/28/2019. Waiver of Service due by 6/27/2019. (jaj)
May 28, 2019 Filing 7 REQUEST FOR WAIVER of Service sent to Jeff Dennison on 5/28/2019. Waiver of Service due by 6/27/2019. (jaj)
May 24, 2019 Opinion or Order Filing 6 Order for Service of Process upon DENNISON, JUSTICE, HAMMERSIEY, and ALLARD. IT IS ORDERED that all claims seeking to enforce the Rasho settlement agreement are DISMISSED without prejudice, and the Motion for Preliminary Injunction is DENIED without prejudice. The Clerk is DIRECTED to SEVER Count 2 into a new case against LIPCHITZ and LASHBROOK. LIPCHITZ, LASHBROOK, BALDWIN, and HINTON are DISMISSED without prejudice, and the Clerk of Court is DIRECTED to terminate these individuals from this action. Signed by Chief Judge Nancy J. Rosenstengel on 5/24/2019. (jrj)
May 22, 2019 Opinion or Order Filing 5 ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $7.27. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Shawnee Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 5/22/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 9, 2019 Filing 4 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
May 1, 2019 Opinion or Order Filing 3 NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-cv-466-NJR. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See: 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Chief Judge Nancy J. Rosenstengel on 5/1/2019. (jsm2)
May 1, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Ashton Daniel. (jsm2)
May 1, 2019 Filing 1 COMPLAINT against All Defendants filed by Ashton Daniel.(jsm2)

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Defendant: Jeff Dennison
Represented By: Maria D. Gray
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Defendant: B. Allard
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Defendant: John Baldwin
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Defendant: Lipchitz
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Defendant: K. Hammersiey
Represented By: Maria D. Gray
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Defendant: Jacqueline Lashbrook
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Defendant: Nikole Justice
Represented By: Maria D. Gray
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Defendant: Melvin Hinton
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Defendant: Harry R. Allard
Represented By: Maria D. Gray
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Plaintiff: Ashton Daniel
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